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How do I get a trustee removed in ny? My late husbands sister

and brother have sold my...
How do I get a trustee removed in ny? My late husbands sister and brother have sold my childrens interest in a numbrr of real estate bulidings so they could by them.
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Answered in 12 minutes by:
5/15/2013
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 11,483
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction!

LegalGems :

One moment please as I review your question.

Customer:

ok

LegalGems :

A trustee can be removed for self-dealing: this means using their position as trustee in order to realize personal gain. Generally this is considered a very serious offense, and the trustee can be ordered to make restitution to the trust, either by returning the property or paying any ill gotten gains.

LegalGems :

Since you can't find an attorney in your county, you should consider an adjacent county; ideally one that is experienced in estate planning litigation.

Customer:

My children are 18 and 17. My 18 yr old is autistic and i have an guardianship in place for him. My 17 yr old is off to college in 2 months and everytime i ask for a bill paid the sister sends me emails or text berating me about my childrrn not having contact with them. The two trustees, one just had a stroke and the other refuses to answer legal letters sent. Arent they both suppoesed to make decisions? if he just had a stroke and isnt involved in decision making shouldnt he be removed also

LegalGems :

Yes, a trustee is generally removed for incapacity (inability to do the job). Either the court will appoint a successor trustee or they will appoint the successor trustee named in the trust. Maintaining contact with the trustee is generally NOT a requirement (unless the trust specified that as a condition). If the other trustee refuses to answer legal inquiries, then he can be removed for failing to keep the beneficiaries informed/up to date. The trust may provide that co-trustees may act in unison; or it may state that the one trustee will be the sole trustee upon the other's incapacity. It depends on the terms of the trust. But you would need to petition for removal of the trustee-and this requires a court hearing to assess whether the trustee is complying with the terms of the trust (in the opinion of the judge).

Customer:

Thank you, XXXXX XXXXX ask for a few

Customer:

sorry, talking points for a new attrny

LegalGems :

Sure. What do you mean? Things you should ask a new attorney to determine their experience?

Customer:

yes

LegalGems :

First, you can look them up on the state bar to make sure there is no disciplinary action against them. It's always a good idea to make sure they have malpractice insurance. And then ask how many similar cases they've had. It's also a good idea, if they are new and a sole practitioner, whether they have a mentor, as that is nice to know.

Customer:

thank you. bye

LegalGems :

You are welcome. Good luck with this. Take care.

LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 11,483
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified
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LegalGems
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 11,483
11,483 Satisfied Customers
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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